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01-3386 In Re: A Witness before the Special Grand Jury 2000-2

“While we recognize the need for full and frank communication between government officials, we are more persuaded by the serious arguments against extending the attorney-client privilege to protect communications between government lawyers and the public officials they serve when criminal proceedings are at issue. First, government lawyers have responsibilities and obligations different from those facing members of the private bar. ...

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02-0331 In Re the Termination of Parental Rights to Donavin H.: Racine County Human Services v. Dadra L., et al.

This is an appeal from an order by the circuit court terminating Donald H.’s parental rights to his son, Donavin H. Donald argues that the circuit court erred when giving modified jury instructions because those instructions were misleading and prejudicial. We conclude that the modified jury instructions, taken as a whole, were not prejudicial or misleading, and the instructions adequately ...

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01-2032-CR State v. Landreth

Emlin E. Landreth appeals from a judgment convicting him of soliciting a child for prostitution contrary to Wis. Stat. § 948.08 (1999-2000) and an order denying his postconviction motion to withdraw his no contest plea. Because we conclude that the circuit court properly exercised its discretion in denying Landreth’s plea withdrawal motion, we affirm. This opinion will not be published. ...

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01-3680, 01-3681 U.S. v. Urfer

“Destroying other people’s property is malum in se, and thus is willful provided only that the defendant knows that he’s destroying another person’s property without the person’s authorization. Morissette v. United States, 342 U.S. 246, 270-71 (1952); United States v. McCalvin, 608 F.2d 1167, 1171 (8th Cir. 1979) (per curiam); People v. Datema, 533 N.W.2d 272, 278 n. 15 (Mich. ...

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01-2877 Methodist Manor of Waukesha v. Martin

“Applying this statement to the facts alleged in Methodist Manor’s amended complaint, Frederick Martin is Evelyn Martin’s ‘agent,’ he received funds from the Social Security Administration for her, and Methodist Manor is the ‘one rightfully entitled’ to those funds by virtue of § 49.45(7)(a) and Evelyn Martin’s contract with it; Frederick Martin is thus ‘under a duty to’ remit those ...

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01-1611 Schaefer v. Boldt

David and Jacqueline Boldt appeal from a judgment awarding a portion of their property to Raymond and Edna Schaefer on alternative grounds: adverse possession and reformation of the Schaefers’ deed. Because we affirm the circuit court’s decision to award the property to the Schaefers on the grounds of adverse possession, we do not reach the reformation issue. This opinion will ...

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01-1843-CR State v. Buchholz

Joseph P. Buchholz has appealed from a judgment convicting him of possession of marijuana with intent to deliver in violation of Wis. Stat. § 961.41(1m)(h)1 (1999-2000). The sole issue presented on appeal is whether the trial court erred in denying his motion to suppress evidence seized in a search of his dormitory room. Because we conclude that the trial court ...

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01-3999 U.S. v. Whitlow

“We have held time and again that a waiver of appeal stands or falls with the rest of the bargain. See, e.g., United States v. Jeffries, 265 F.3d 556 (7th Cir. 2001); United States v. Behrman, 235 F.3d 1049 (7th Cir. 2000); United States v. Wenger, 58 F.3d 280 (7th Cir. 1995). Whitlow ‘did not ask the district court to ...

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01-2595 Fazio v. Department of Employee Trust Funds

“We therefore conclude that the doctrine of exhaustion of administrative remedies does not require that she appeal DETF’s determination to the Board before filing this action. … “In summary, we reverse the circuit court’s order dismissing the complaint because we conclude that Fazio was not required to exhaust her administrative remedies before filing this action. As to the taking claim, ...

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01-2402 O'Neill v. Reemer, et al.

Randy and Rita O’Neill appeal the summary judgment dismissing their trespass complaint against James Reemer, owner of adjoining real estate, and Weyerhaeuser Company, which Reemer engaged to perform logging services. The trial court concluded that Wis. Stat. § 893.33(2) precluded the O’Neills from establishing title by adverse possession to the property that was logged because they did not file an ...

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00-1361-CR, 00-2050-CR State v. Parker, et al

The State of Wisconsin appeals orders of the circuit court granting defendants Percell Parker’s and Cordell Bufford’s motions to suppress evidence. For the following reasons, we affirm. Not recommended for publication in the official reports. Dist IV, La Crosse County, Gonzalez, J., Lundsten, J. Attorneys: For Appellant: Scott L. Horne, La Crosse; Todd W. Bjerke, La Crosse; Susan M. Crawford, ...

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01-1937 EEOC v. United Air Lines, Inc. (57016)

“In her charge of discrimination, Ms. Droge alleges that she has suffered discrimination on the basis of her national origin and sex because of UAL’s failure to make contributions to the French social security system on her behalf. The information sought, however, goes far beyond an inquiry into whether and for whom UAL makes French social security payments. It is ...

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01-0844 Xiong v. Xiong

“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. … “Marriage is the ‘foundation of the family and of society,’ the stability of which ‘is basic to morality and civilization, and of vital interest to society and ...

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01-2132 Keller v. Sawyer

Charles and Barbara Keller appeal a judgment denying their adverse possession action against Paul Sawyer. The Kellers contend that they obtained title by adverse possession to (1) land under a corner of their cottage and (2) a portion of land adjacent to their cottage. We agree and reverse the judgment. However, we limit the adverse possession of the lawn to ...

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01-2358-CR State v. Ruetten

The State appeals the order of the circuit court granting the motion of Natasha Ruetten to suppress evidence obtained in a search of her apartment pursuant to a search warrant. As a result of that evidence, Ruetten was charged with possession of tetrahydrocannabinols (THC) contrary to Wis. Stat. §§ 961.41(3g)(e) and 961.14(4)(t), and possession of drug paraphernalia contrary to Wis. ...

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01-0844 Xiong v. Xiong (57017)

“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. … “Marriage is the ‘foundation of the family and of society,’ the stability of which ‘is basic to morality and civilization, and of vital interest to society and ...

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00-3545 Johnson, et al. v. Ziegler

“We reject Johnson’s strained reading of the language at issue. By asserting its priority claim to proceeds recovered by a plan beneficiary, and by expressly disclaiming application of the ‘Made-Whole Doctrine’ and the ‘Rimes Doctrine,’ we fail to see how the plan drafter could have more clearly communicated the plan’s ‘first-dollar’ subrogation rights…. “Johnson also contends that DEC’s claim for ...

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01-1741 Derks v. Town of Seven Mile Creek, et al.

Robert and Joanne Derks appeal a judgment which directed a verdict against them on their claims for trespass, negligent destruction of property, and a violation of their rights as landowners abutting a public highway under Wis. Stat. sec. 80.47 (1997-98). The trial court concluded that the Derks had failed to present sufficient evidence on damages. For the reasons discussed below, ...

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99-2355 Pasko, et al. v. City of Milwaukee, et al.

“Further, we conclude that claim preclusion should not apply because such application would result in unfairness to the MPA. Normally nonparties to an action are not bound to a judgment therein based on the principle that everyone should have their day in court…. Under the facts and circumstances of this case, we conclude that to hold that each member of ...

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99-2355 Pasko, et al. v. City of Milwaukee, et al. (57018)

“Further, we conclude that claim preclusion should not apply because such application would result in unfairness to the MPA. Normally nonparties to an action are not bound to a judgment therein based on the principle that everyone should have their day in court…. Under the facts and circumstances of this case, we conclude that to hold that each member of ...

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01-1132 In Re: the Estate of Nicholas Persha v. Abram

Further, the court properly ruled that defendant, with whom decedent had lived for many years, had failed to rebut the fact of decedent’s apparent on-going incapacity by showing that decedent had a “lucid interval” when he signed the will. “The court then recounted the evidence of the several doctors, including Dr. Davis and Dr. Hower, and the several nurses caring ...

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01-2275 Wenzel v. Peters, et al.

Curt and Dorothy Wenzel appeal from an order dismissing their personal injury claim against Kristy Peters and her insurer. The matter was tried to a jury. The trial court dismissed the complaint for insufficient evidence at the close of the Wenzels’ case. However, we conclude that the Wenzels presented sufficient evidence to allow a verdict in their favor. We therefore ...

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01-0826 State v. Davison

“As defense counsel points out, Wis. Stat. § 939.66(2m) contains no language limiting its application to any particular provisions of the statutes or any types of batteries. Instead, the statute is applicable to the entire criminal code. Furthermore, the phrase ‘or equally serious’ is included in the statute, which in this case would encompass battery by a prisoner, a Class ...

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01-1236 Brown, et al. v. Classic Inns of Wisconsin Inc., et al.

Dr. Keith A. Brown has appealed from a judgment entered after a jury trial, dismissing his complaint against the respondents, Classic Inns of Wisconsin, Inc., and its insurer, Society Insurance Company. We affirm the judgment. This opinion will not be published. Dist II, Waukesha County, Davis, J., Per Curiam Attorneys: For Appellant: Kristen Neyhart-Halliden, Milwaukee For Respondent: James S. Smith, ...

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83-0843-D In the Matter of Disciplinary Proceedings against Theodore F. Mazza, attorney at law

“The referee found that Mr. Mazza testified convincingly about the circumstances that led to his past substance abuse problems and criminal behavior. The referee noted Mr. Mazza has become active in Lawyers Concerned for Lawyers and the Lawyers’ Assistance Program, has made 100 to 150 presentations on panels regarding the problems of drug addiction and chemical dependency, and helped found ...

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01-1147 State v. Long

“We determine that the trial court admitted the evidence of gang ties on the reasonable basis that such affiliations might color the testimony of the various witnesses. We acknowledge Long’s concern that evidence of a person’s gang ties may imply that the person is of questionable character and perhaps that the person has engaged in prior bad acts, if not ...

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01-1572 Blodgett v. State Farm Mutual Automobile Ins. Co., et al.

State Farm Mutual Automobile Insurance Co. and its insured, Jeffrey J. Lagerholm, have appealed from a judgment entered after a jury trial, awarding damages to the respondents, Jenifer and Christopher Blodgett. The jury awarded the Blodgetts $26,750 for damage to their home. The damage occurred when Lagerholm lost control of his automobile and struck the Blodgetts’ house. We affirm the ...

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99-2587 State v. Samuel

Accordingly, we reverse the Court of Appeals’ decision. “Samuel was formally charged with interference with custody, abduction, and sexual assault of a child. He moved in limine to suppress all of Tisha’s statements. At the hearing on the motion, Samuel argued that Tisha’s statements should be suppressed because they were the result of police threats or coercion. Tisha, her father, ...

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